Aaron Boogaard in court this morning

​Aaron Boogard will appear in court this morning to face charges that he gave out one of the Oxycodone pills that killed his brother Derek and flushed other pills down a toilet after Derek died.

Boogaard, 24, is charged with third-degree controlled substance offense for the role he played the night before Derek's death.

Aaron Boogaard told police he'd given Derek one Percocet pill, and that he'd often held on to and doled out painkillers to his brother, who'd done two stints in rehabilitation for alcohol and drug addiction. Derek Boogaard had just returned to Minneapolis from rehab in Los Angeles on May 12, and asked Aaron for a painkiller before he went out for a night of heavy drinking.

Aaron Boogaard admitted to police he gave Derek one of the pills, and later flushed the remaining pills down the toilet.The day after Derek's "binger," Aaron and another Boogaard brother, Ryan, found Derek Boogaard's body in the Warehouse District apartment the three brothers shared.

Aaron told police he wasn't scoring drugs for Derek, only holding them, and that he thought Derek was getting his drugs sent to him from New York.

Freeman said Aaron would not be charged with manslaughter for his role in the incident because it could not be determined that the pill he provided led directly to Derek's death. Derek Boogaard had "a lot" of alcohol and "a lot" of Oxycodone in his system at the time of his death, Freeman said at a press conference on Friday, indicating that Derek had taken more Oxycodone then the one pill Aaron gave him.

The maximum penalty for third-degree sale of a controlled substance, a felony, is 20 years in prison and a fine of $250,000.